COMMISSION
ON STATE
MANDATES / EMPLOYMENT
OPPORTUNITY / 1. RPA #
15-16 001-CSM
ANALYST’S INITIALS
S.S
DATE
11/19/15
YOU MUST BE A PERMANENT OR PROBATIONARY STATE EMPLOYEE, A FORMER PERMANENT OR PROBATIONARY EMPLOYEE OR ON AN EMPLOYMENT LIST FOR THIS CLASSIFICATION IN ORDER TO APPLY FOR THIS POSITION.
CLASS TITLE
Attorney III / POSITION NUMBER
356-001-5795-010 / TENURE
PERMANENT / TIME BASE
FULL -TIME / CBID
R02
OFFICE OF

Commission on State Mandates

/ LOCATION OF POSITION (CITY or COUNTY)
Sacramento / MONTHLYHOURLYDAILY SALARY
$8,032 - 10,305
SEND APPLICATION TO:
Commission on State Mandates
980 9th Street, Suite 300
Sacramento, CA 95814
ATTN: Heidi Palchik / REPORTING LOCATION OF POSITION
980 9th Street, Suite 300, Sacramento
SHIFT AND WORKING HOURS
DAYSEVENINGSNIGHTSRELIEF - 8:00 AM – 5:00 PM
WORKING DAYS, SCHEDULED DAYS OFF
MONDAY through FRIDAY, DAYS OFF: SAT/SUN
PUBLIC PHONE NUMBER
(916) 323-3562 / PUBLIC PHONE NUMBER / POST & BID FILE BY:
N/A
SUPERVISED BY AND CLASS TITLE
Camille Shelton, Chief Legal Counsel (CEA IV) / FILE BY
12/11/15

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This position is being re-advertised. Only applications received within the last 30 days will be considered for this recruitment. Applicants who applied for the previous posting need not apply.
GENERAL SELECTION CRITERIA
·  May be downgraded to Attorney for recruitment purposes and the duties will be adjusted accordingly
·  SROA/Surplus employees are encouraged to apply and will be considered prior to other recruitment methods.
·  Transfers, reinstatements, or recruitment from the employment list may be considered. Consideration may be given to applicants who are on a DGS employment list or on another department’s employment list. Transfer of list eligibility must meet the criteria to transfer the eligibility from the other department’s employment list to DGS’ employment list.
·  Applications will be evaluated based on eligibility and desirable qualifications and interviews may be scheduled.
This position is designated under the Conflict of Interest Code. The position is responsible for making, or participating in the making, of governmental decisions that may potentially have a material effect on personal financial interests. The appointee is required to complete form 700 within 30 days of appointment. Failure to comply with the Conflict of Interest Code requirements may void the appointment.
FILINGINSTRUCTIONS
Applicants who meet the qualifications specified must submit a completed standard state application (STD. 678),
a resume, AND a legal writing sample. Link to standard State Application (STD. 678): http://jobs.ca.gov/Profile/StateApplication
FILING REQUIREMENTS
Applicants must first meet the following filing minimum requirement:
Membership in the State Bar of California. (Applicants must have active membership in the State Bar before they will be eligible for appointment.)

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The State of California is an equal opportunity employer to all, regardless of age, ancestry, color, disability (mental and physical), exercising the right to family care and medical leave, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, political affiliation, race, religious creed, sex (includes pregnancy, childbirth, breastfeeding and related medical conditions), and sexual orientation.
.DGS JOB HOTLINE PHONE (916) 322-5990 CALIFORNIA RELAY SERVICE FROM TDD PHONES 1-800-735-2929
GS1T (REV. 1/98) -

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CLASS TITLE
Attorney III / POSITION NUMBER
356-001-5795-010 / RPA NUMBER
15-16 001 CSM / FILE BY
12/11/15 /
ESSENTIAL FUNCTIONS
In order to provide legal guidance, recommendations, and proposed decisions to the Commission on State Mandates (CSM), the incumbent will utilize federal and state constitutional, statutory and regulatory authority pertaining to mandate reimbursement and the CSM’s decision making processes; and utilize modern office methods, supplies and equipment to perform the following duties under the general direction of the Chief Legal Counsel:
·  Receives assignment of the most complex, sensitive or high profile test claims, parameters and guidelines, and incorrect reduction claims based on statutes or executive orders that are filed by local governments for review of allegations and research on legislative history, statutory construction, and new programs or higher levels of service and costs mandated by the state which may be reimbursable pursuant to state law and court decisions. Advises the Chief Legal Counsel and Executive Director of this review and research.
·  Handles all facets of complex litigation, including advocacy before reviewing tribunals, and appears on behalf of the CSM and its members in all matters relating to assigned litigation.
·  Prepares written opinions, analyses, and proposed statements of decision for the CSM to determine complex, sensitive or high profile test claim, parameters and guidelines, and incorrect reduction claims based on statutes or executive orders that are filed by local governments for state reimbursement pursuant to state law and court decisions based on legal review of the administrative record of the test claim.
·  Acts as legal advisor to the CSM on complex, sensitive or high profile test claims, parameters and guidelines, and incorrect reduction claims including, but not limited to the determination of whether the state is required to reimburse local governments for the costs to implement statutes and executive orders.
·  Presents complex, sensitive or high profile test claim, parameters and guidelines and incorrect reduction claim matters and the staff recommendation in adversarial hearings before the CSM and deals with the parties and witnesses, reviews and analyzes the legal issues raised in argument and testimony.
·  Represents the CSM and negotiates with opposing counsel to resolve the largest, most complex, and sensitive reimbursement issues facing the State. The negotiated matters may include statewide costs of personnel, capital outlay, consultant contracts, materials and supplies, and indirect costs, incurred by a local government to implement a state-mandated program. These matters may involve from millions to hundreds of millions of dollars.
·  Acts as legal advisor to CSM members or hearing officer in the most complex legislative or court-remanded reconsiderations of prior decisions; deals with the parties and representatives to the hearing, reviews and analyzes the legal issues raised in argument and testimony and prepares and presents the draft of the proposed decision.
·  Provides legal advice to the CSM members (Director of Finance, State Controller, State Treasurer, Director of Office of Planning and Research, two local elected officials, and one public member), the Executive Director, and management staff with respect to all matters.

MARGINAL FUNCTIONS

·  Assist in advising and counseling the CSM, Executive Director, and staff members on the legal effect of rules and regulations, statutory law, court decisions, CSM decisions and other administrative actions; and,
·  Respond to legal inquiries from the Legislature, state, and local agencies, other counsel, and from the public.
KNOWLEDGE AND ABILITIES
Knowledge of: Legal principles and their application; legal research methods; court procedures; rules of evidence and procedure; administrative law and the conduct of proceedings before administrative bodies; legal terms and forms in common use; statutory and case law literature and authorities; provisions of laws and Government Code sections administered or enforced.
Ability to: Research; analyze, appraise, and apply legal principles, facts, and precedents to legal problems; analyze situations accurately and adopt an effective course of action; prepare and present statements of fact, law, and argument clearly and logically in written and oral form; prepare correspondence involving the explanation of legal matters; draft opinions, pleadings, rulings, regulations, and legislation; negotiate effectively and conduct crucial litigation; work cooperatively with a variety of individuals, organizations and maintain the confidence and respect of others; and work effectively under pressure.

DESIRABLE QUALIFICATIONS

Special Personal Characteristics
·  Demonstrated ability to independently and effectively perform the most complex legal work.
·  Communicate effectively, both orally and in writing on complex legal and factual matters.
·  Proficient in prioritizing multiple, changing assignments within short deadlines.
·  Participate in the development of strategies for complex, sensitive, high profile litigation.
Additional Qualifications
·  Knowledge of government organization (federal, state, and local governments, including school districts), and relationships among governmental entities;
·  Knowledge of administrative law, including judicial review of administrative agency decisions, constitutional law, and principles of statutory construction, legislation, and legal drafting.
·  Knowledge of government financing principles, local government functions, and education law is desirable.
·  Experience working with outside counsel is desirable.
·  Experience in word processing, and electronic legal research, including the internet is preferable.
·  Writ and appellate experience is preferable.
Interpersonal Skills
·  Work well in a team-oriented environment, with strong interpersonal skills.
·  Accept supervision, lead and direction.
WORK ENVIRONMENT, PHYSICAL OR MENTAL ABILITIES
Work Environment
·  Standard office setting.
Physical Abilities
·  Ability and skills for computer use.
Mental Abilities
·  Handle multiple matters and manage caseload with large amounts of documentation.
·  Effectively manage multiple projects and assignments under short time constraints.
Some of the above requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
SELECTION CRITERIA
·  Submit application, resume, and legal writing sample by U.S. Mail or personal delivery to the address above or by email to .
·  Applications must be received by the Commission on State Mandates on or before 12/11/15.
Questions regarding this opportunity should be directed to Heidi Palchik at (916) 323-3562.

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